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HomeMy WebLinkAbout10/07/2024 - Regular Minutes - City CouncilMINUTES OF THE CITY COUNCIL MEETING IN -PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION OCTOBER 7, 2024 STATE OF TEXAS COUNTY OF BRAZOS Present: John Nichols, Mayor Council: Mark Smith William Wright - absent Linda Harvell Elizabeth Cunha Bob Yancy Dennis Maloney § § § City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Adam Falco, City Attorney Leslie Whitten, Deputy City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present. With a quorum present, the meeting of the College Station City Council was called to order by Mayor Nichols via In -Person and Teleconference at 3:00 p.m. on October 7, 2024, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session Agenda. In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.072- Real Estate, §551.074-Personnel, and the College Station City Council convened into Executive Session at 3:00 p.m. on October 7, 2024, to continue discussing matters pertaining to: 2.1. Consultation with Attorney to seek advice regarding pending or contemplated litigation, to wit: • Shana Elliott and Lawrence Kalke v. City of College Station, et al., Cause No. 22-001122-CV-85, in the 85th District Court, Brazos County, Texas; and • City of College Station v. 47 Oaks, LLC, Cause No. 626-CC, in the County Court at Law No. 2 of Brazos County, Texas; and • The City of College Station v. The Public Utility Commission of Texas, Cause No. D-1-GN-24- 005680 in the 200th District Court, Travis County, Texas; and • Cynthia Hopkins & Geoffry Hopkins v. City of College Station, Cause No. 23-002880-CV-85 in the 85th District Court, Brazos County Texas. CCM 100724 Minutes Page 1 2.2. Deliberation on the purchase, exchange, lease, or value of real property; to wit: • Approximately 28 acres of land generally located at Midtown Drive and Corporate Pkwy in the Midtown Business Park. • Approximately 1.5 acres of land located 301 Patricia Street and review of the sealed bids submitted under bid number 24-073. • Approximately 8 acres of land located at 1508 Harvey Road. 2.3. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: • City Auditor • City Judge • City Secretary • City Manager • City Attorney • Council Self -Evaluation 3. The Open Meeting Will Reconvene No Earlier than 6:00 PM from Executive Session and City Council will take action, if any. Executive Session recessed at 6:32 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. MOTION: Upon a motion made by Councilmember Smith and a second by Councilmember Harvell, the City Council voted six (6) for and none (0) opposed, to approve an absence request from Councilmember William Wright for the October 7, 2024 Council Meeting. The motion carried unanimously. 5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS. 5.1. Presentation proclaiming the week of October 7-13, 2024, as College Station Hope Week. Mayor Nichols presented a proclamation to declaring the week of October 7-13, 2024, as College Station Hope Week. 6. Hear Visitors Comments. No one signed up to speak. 7. CONSENT ITEMS Presentation, discussion, and possible action on consent items which consist of ministerial, or "housekeeping" items as allowed by law: A Councilmember may request additional information at this time. Any Councilmember may remove an item from the Consent Agenda for a separate vote. Item 7.11 and 7.14 was pulled from Consent for clarification. (7.11) Jennifer Cain, Capital Projects Director, explained that the working name has Texas Independence Park and Council will need to provide direction if they want to add Midtown to the name Mrs. Cain also explained how the design will be distinct from other city parks. CCM 100724 Minutes Page 2 (7.14) Jeremiah Cook, Tourism Manager, explained that the 2024 USATF National Junior Olympics Track & Field Championships will be reimbursed out of HOT funds. This will offset some of the costs of the event, an Event Trust Fund application was submitted to the State of Texas in the amount of $747,554. Of the $747,554, $103,111 is required as the local match, which is the basis for this item. Upon payment of the local match and required documentation, and the state will then provide payment in the amount of $644,443. 7.1. Presentation, discussion, and possible action of minutes for: • September 26, 2024 Council Meeting 7.2. Presentation, discussion, and possible action regarding a resolution authorizing expenditure to the Aggieland Humane Society, Inc. in the amount of $303,600. 7.3. Presentation, discussion, and possible action regarding a funding agreement with the Amber Alert Network Brazos Valley for FY25 for $5,000. 7.4. Presentation, discussion, and possible action regarding a funding agreement with the Arts Council of the Brazos Valley for FY25 for $35,000. 7.5. Presentation, discussion, and possible action on a funding agreement with the Arts Council of the Brazos Valley for FY25 for $560,953. 7.6. Presentation, discussion, and possible action regarding a funding agreement with the Bryan/College Station Chamber of Commerce for FY25 for $25,000. 7.7. Presentation, discussion, and possible action regarding a funding agreement with Keep Brazos Beautiful for FY25 for $48,230. 7.8. Presentation, discussion, and possible action on a funding agreement with the Memorial for All Veterans of the Brazos Valley for FY25 for $30,000. 7.9. Presentation, discussion, and possible action on a funding agreement with the Brazos Valley Economic Development Corporation for FY25 for $350,000. 7.10. Presentation, discussion, and possible action regarding adoption of a resolution granting consent to Rock Prairie Management District No. 2 for the sale and issuance of unlimited tax road bonds, series 2024A, in an amount not to exceed $2,555,000. 7.11. Presentation, discussion, and possible action on a professional services contract with The Arkitex Studio, Inc., not to exceed $1,800,250 for the design and construction administration of the Texas Independence Park Project. 7.12. Presentation, discussion, and possible action on a third amendment to the lease of 3.1 acres including an approximately 28,949 square foot building at 2611 Texas Avenue South to International American Education Federation, Inc., d/b/a International Leadership of Texas, for an additional 1-year renewal for a total contract amount of approximately $2,198,103. CCM 100724 Minutes Page 3 7.13. Presentation, discussion, and possible action on Change Order No. 12 for the system and software contract with CentralSquare Technologies LLC for the Computer Aided Dispatch Server Upgrade in the amount of $94,770. 7.14. Presentation, discussion, and possible action regarding a payment in an amount not to exceed $103,111 to the Texas Comptroller of Public Accounts for the local share of the Event Trust Fund for the execution of the 2024 USATF National Junior Olympics Track & Field Championships. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Smith, the City Council voted six (6) for and none (0) opposed, to approve the Consent agenda. The motion carried unanimously. 8. WORKSHOP ITEMS 8.1. Presentation, discussion, and possible action regarding an update on Code Enforcement activities and initiatives. Tommy Shilling, Code Enforcement, presented an update of the Code Enforcement activities and initiatives, which includes all different types of Common Code Violations, Property Maintenance Interior and Exterior, Homeless Encampments, Game -Day Parking, Move -in and Move -out. Additional Responsibilities • Long -Term Rental Registration (9,142 total properties) • Short -Term Rental Permitting (352 total properties) • Community Living Course/Greek Life • Walk and Talks/Office Hours Over- Occupancy Enforcement • Proactive and Reactive Enforcement • Photos/Access to Leases/Interviews • There are currently 42 open code cases (19 Proactive/23Reactive) • 18 citations issued to date Expansion of SeeClickFix Management • FY22 (10-1-22 to 9-30-23) ✓ 1,597 SCF Requests • FY 23 (10-1-22 to 9-30-23) ✓ 2,269 SCF Requests • FY 24 (10-1-23 to 9-30-24) ✓ 3,209 SCF Requests At approximately 7:11 p.m., Mayor Nichols opened for Citizen Comments. Fred Dupriest, College Station, came before Council regarding and Occupancy Disclosure statement and explained how the council should take action to notify students now for certain enforcement later. There being no further comments, Citizen Comments was closed at 7:13 p.m. 9. REGULAR ITEMS CCM 100724 Minutes Page 4 9.1. Presentation, discussion, and possible action regarding an ordinance creating a voluntary rental inspection certification program. Debbie Eller, Community Services Director, stated that the staff developed a reporting mechanism for rental property maintenance issues through SeeClickFix. The system includes a question to ensure that the residents have gone through the appropriate process of reporting the issues to the property owner or manager. Code Enforcement staff will respond and, if needed, include Building Inspectors and the Fire Marshalls office to determine if actual violations are present and then work to get the violation corrected and gain compliance. In April 2023, staff provided information to City Council regarding the proposed rental inspection program, outreach completed, and next steps for implementation. The implementation was placed on hold to allow Texas A&M University to staff and open the Off Campus Student Services (OCSS) office. The first proposed step includes implementation of a voluntary rental inspection certification program through the ordinance. The proposed next steps for implementation of a Mandatory Proactive Rental Inspection program and a timeline will be included: Phase 1 1) Implement a Voluntary Residential Rental Inspection & Certification Program. • Inspection arranged by the property owner/manager and completed by a credentialed 3rd party inspector. • All types of rental units — certified by building. • Number of units to be inspected determined by type of property - multifamily units randomly selected by the inspector. • Standard basic habitability inspection. • Certificate issued: Good for 2 years. • Address included on list posted on web page — "Gig'em List". • Inspector & Certification subject to revocation. Future Phase 2 2) Implement a Mandatory Violation -Based Residential Rental Inspection Program. • Requires mandatory registration and inspection of any building with a rental unit where a certain number of code violations have been confirmed within a determined period of time. Future Phase 3 Revise existing residential rental registration program to include ALL rental properties. • Registration by building (i.e. Duplex, 4-plex, apartment complex with multiple buildings) • Phase in based on type and age of building • Third party administrator Challenges & Concerns • Number of rental units — 32,000 • Resources to manage and monitor • Cost of inspection • Tenant caused code violations • Displaced tenants from uninhabitable rental units • Privacy At approximately 7:45 p.m., Mayor Nichols opened for Citizen Comments. Chad Hovde, Regional Association of Realtors, came before Council representing members of the Bryan/College Station Realtors Association to request that the City Council take no action on this item CCM 100724 Minutes Page 5 and create a diverse stakeholder input committee before making any final decision on mandatory rental inspections. He believes it would be a detriment to only one type of property owner to this standard and seems to outweigh the possible benefits to the City at large. The drawbacks being decreased rental space when inspections do not pass and increased costs to meet the inspection standards. Mr. Hovde stated that his association requests to constructively participate in the requested committee. Jeff Leatherwood, College Station, came before Council to state his concerns on the voluntary rental inspection certification program and stated that he echoes all of Mr. Hovde's comments. Jennifer Jennings, College Station, came before Council to state her opposition on the ordinance for the voluntary rental inspection certification program and also echoes all of Mr. Hovde and Mr. Leatherwood's comments. Sharon McCauley, College Station, came before Council regarding the voluntary rental inspection certification program and the rights of renters. He believes that since this is voluntary, you will still need a warrant to enter into someone home. Donald Deere, College Station, came before Council regarding the voluntary rental inspection certification program but asked what is going to happen after the voluntary, when are you moving to Phase 2 and 3? He stated Council needs to go slower and really look at these phases before moving forward. William Rodriguez, TAMU Student Government Association, came before Council request them to table this proposed ordinance and create a committee to discuss this program. There being no further comments, Citizen Comments was closed at 8:11 p.m. MOTION: Upon a motion made by Councilmember Cunha and a second by Councilmember Yancy, the City Council voted four (4) for and two (2) opposed, with Mayor Nichols and Councilmember Maloney voting against, to table this item until the October 24, 2024 Council Meeting. The motion carried. 9.2. Presentation, discussion, and possible action regarding the September 2024 Small Area Plan Audit. Ashley Klein, Planning and Development, presented the Small Area Plan Audit that included the findings from the audit process, infrastructure maps, and implementation charts for each plan. This audit evaluated the following Small Area Plans: • The Wolf Pen Creek Corridor Study (1987) ✓ Master Plan Updates (1998 & 2005) ✓ Strategic Issues and Action Plan (1998) • The Northgate Redevelopment Plan (1996) ✓ Redevelopment Implementation Plan (2003) • The Medical District Master Plan (2012) ✓ Implementation Plan (2012) The City of College Station's Comprehensive Plan requires the evaluation of all small area plans that have surpassed their planning horizons. The purpose of the evaluation is to determine the status of each plan's implementation, associated successes and challenges, and recommendations for each plan's retirement or update (Comprehensive Plan Action 3.8). This audit is a continuation of the process started in 2022, where staff audited five small area plans that had reached or surpassed their planning horizons. With the acceptance of the audit's findings, staff will bring forward amendments to the Unified Development CCM 100724 Minutes Page 6 Ordinance (UDO), the Comprehensive Plan, and any other impacted ordinances in order to officially retire the audited plans. The Planning & Zoning Commission accepted the findings of the audit 6-0. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Harvell, the City Council voted six (6) for and none (0) opposed, to expect the September 2024 Small Area Plan Audit. The motion carried unanimously. 9.3. Presentation, discussion, and possible action on a construction contract with Aggieland Construction, Ltd., in the amount of $3,673,500 for the construction of a new operations shop at Central Park plus the City's contingency in the amount of $360,000 for a total appropriation of $4,033,500. Approval of this item grants authority for the City Manager to authorize project expenditures up to the City's contingency amount. Jennifer Cain, Capital Projects Director, stated that under this contract, the existing Central Park operations building, constructed in 1982, will be demolished, making room for the new shop that will consist of two metal buildings. Building A, an 11,500 square foot building, will serve as a dual-purpose building. The first part of building A will consist of offices, restrooms, a breakroom, and a small conference room for meetings and training. The second part of building A will be for storage of equipment and tools. Building B, a 5,000 square foot building, will be used for storage of equipment and tools only. In addition to the two buildings, soil bins will be constructed, and the entire area will be paved and fenced for security purposes. Nine (9) competitive sealed proposals were received and opened on September 4, 2024. Aggieland Construction, Ltd., was found to be the best value. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Smith, the City Council voted six (6) for and none (0) opposed, to approve a construction contract with Aggieland Construction, Ltd., in the amount of $3,673,500 for the construction of a new operations shop at Central Park, plus the City's contingency in the amount of $360,000 for a total appropriation of $4,033,500. The motion carried unanimously. 9.4. Presentation, discussion, and possible action on a construction contract with JaCody Construction, LP, in the amount of $1,041,469 for the construction renovations of tennis courts at Bee Creek Park, and Central Park plus the City's contingency in the amount of $105,000, for a total appropriation of $1,146,469. Approval of this item grants authority for the City Manager to authorize project expenditures up to the City's contingency amount. Jennifer Cain, Capital Projects Director, stated that under this contract, all four existing courts, at Bee Creek, will be demolished. Once demolition is complete, the contractor will relocate an existing waterline that currently runs under the courts, regrade the site, pour post tension slab for the new courts, add new fencing, strip four courts, and add new nets. At Central Park, the two current courts will also be demolished and rebuilt using post tension slab method of construction. New fencing, netting, and surfacing will also be completed at this location. Ten (10) competitive sealed proposals were received and opened on August 27, 2024. JaCody Construction was found to be the best value and was also the lowest bid. Court lighting will also be upgraded at both Bee Creek and Central through a Buy Board contract with Musco, in the amount of $332,655. The Musco contract will be presented at a future Council meeting. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Smith, the City Council voted six (6) for and none (0) opposed, to approve a construction contract with JaCody Construction, LP, in the amount of $1,041,469 for the construction renovations of tennis courts at Bee Creek Park, and Central Park plus the City's contingency in the amount of $105,000, for a total appropriation of $1,146,469. The motion carried unanimously. CCM 100724 Minutes Page 7 9.5. Presentation, discussion, and possible action on a construction contract with Norman Construction Services, LLC., in the amount of $3,237,031 for the construction of the new outfall improvements at the Carter Creek Wastewater Treatment Plant (CCWWTP), plus the City's contingency in the amount of $323,703; for a total appropriation of $3,560,734. Approval of this item grants authority for the City Manager to authorize pjj ject expenditures up to the City's contingency amount. Jennifer Cain, Capital Projects Director, stated that under this contract, the existing parallel 60" outfall piping and existing concrete headwall would be demolished, removed, and that area would be backfilled/compacted to grade. It would be replaced with new parallel 60" and 69" outfall piping, a new concrete headwall with rip rap connecting to Carter Creek, a large concrete junction box, a 60" stub -out for future connection, some new fencing, and all the area would be backfilled, compacted to grade, and seeded for grass. Some concrete sidewalk paving would also be replaced in the process. The work is planned sequentially so that at least one 60" outfall pipe would always be operational. This work is entirely located on site at the CCWWTP and within the recently acquired easement adjacent to the CCWWTP, obtained for this purpose. The project originated from the discovery that the existing outfall components, including the concrete headwall and Reinforced Concrete Pipe (RCP) components, were breaking apart and the resulting erosion was creating some significant maintenance issues with the outfall system that required full replacement of that system. This project was bid as an Invitation to Bid (ITB) and 6 responses were received, of which Norman Construction Services, LLC. was the lowest, qualified, responsible and responsive bid. The bid received from Rubios Solutions; Inc. was 53% lower than all other bids due to some errors in estimating. Rubios Solutions, Inc. subsequently requested to remove their bid from consideration, which was approved. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to approve a construction contract with Norman Construction Services, LLC., in the amount of $3,237,031 for the construction of the new outfall improvements at the Carter Creek Wastewater Treatment Plant (CCWWTP), plus the City's contingency in the amount of $323,703; for a total appropriation of $3,560,734. The motion carried unanimously. 9.6. Presentation, discussion, and possible action regarding a resolution nominating candidate(s) for the Brazos Central Appraisal District Board of Directors. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Yancy, the City Council voted six (6) for and none (0), to approve Resolution No. 10-07-24-9.6, nominating Susan M. Pesl for the Brazos Central Appraisal District Board of Directors. The motion carried unanimously. 10. Items of Community Interest and Council Calendar: The Council may discuss upcoming events and receive reports from a Council Member or City Staff about items of community interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information regarding holiday schedules; honorary or salutary recognitions of a public official, public employee, or other citizen; reminders of upcoming events organized or sponsored by the City of College Station; information about a social, ceremonial or community event organized or sponsored by an entity other than the City of College Station that is scheduled to be attended by a Council Member, another city official or staff of the City of College Station; and announcements involving an imminent threat to the public health and safety of people in the City of College Station that has arisen after the posting of the agenda. CCM 100724 Minutes Page 8 No items to report on at this time. 11. Council Reports on Committees, Boards, and Commission: A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Councilmember Yancy reported on the Board of Health. 12. Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items: A Council Member may make a request to City Council to place an item for which no notice has been given on a future agenda or may inquire about the status of an item on the standing list of council generated future agenda items. A Council Member's or City Staffs response to the request or inquiry will be limited to a statement of specific factual information related to the request or inquiry or the recitation of existing policy in response to the request or inquiry. Any deliberation of or decision about the subject of a request will be limited to a proposal to place the subject on the agenda for a subsequent meeting. Councilmember Harvell requested an item to discuss adding an appointed representative to the Tourism and Convention Committee. In accordance with the Texas Government Code the Council reconvened into Executive Session at 9:28 p.m. on October 7, 2024, to continue discussing matters pertaining to: §551.072-Real Estate, Deliberation on the purchase, exchange, lease, or value of real property; to wit: • Approximately 28 acres of land generally located at Midtown Drive and Corporate Pkwy in the Midtown Business Park. • Approximately 1.5 acres of land located 301 Patricia Street and review of the sealed bids submitted under bid number 24-073. • Approximately 8 acres of land located at 1508 Harvey Road. Executive Session recessed at 10:51 p.m. 12. Adjournment. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 10:51 p.m. on Monday, October 7, 2024. 4itae_ John P. Nichols, Mayor ATTES Tanya Smi, City Secretary CCM 100724 Minutes Page 9